The Brady Handgun Violence Prevention Act of 1993 (Brady Act) requires Federal Firearms Licensor (FFLs) to request background checks on prospective firearms purchasers. In 1998, the Brady Act required the US Attorney General to create the National Instant Background Check System (NICS). Washington State is a partial point of contact state meaning that FFLs contact the FBI for NICS checks on long guns but must refer to local law enforcement to run NICS checks and additional state checks on purchases of handguns and Semi-automatic Assault Rifles (SARs). All law enforcement agencies are required to use the QNP and QNR NICS transactions to process these checks. The use of criminal history (QH, QWH, QR, etc.) is prohibited and considered misuse of the ACCESS System.

The following reasons are prohibited when running criminal history because they require the use of NICS:

  • Issuing a Concealed Pistol License (CPL), rechecking or revoking a CPL
  • Firearm transfer, with or without a CPL
  • Alien Firearm Licenses
  • Disposition of Firearms which is a release of a firearm from evidence

For more information, refer to:

  • The ACCESS Operations Manual, located on the ACCESS webpage, Chapter 20: National Instant Criminal Background Check System (NICS)
  • RCW 9.41.090 (3), RCW 9.41.092; RCW 9.41.113

No, city and/or county employees are not criminal justice employees. It is recommended that the city or county obtain an account with Washington ACCESS to Criminal History (WATCH) at (360) 534 2000. This is an internet based program with real time access to Washington State criminal history. Information will be made available according to Washington State law. WATCH may be utilized for any city and county employment requirements.

Examples of some of the city employees not entitled to a background check through the ACCESS terminal are firefighters, code enforcement, animal control, parks and emergency management.

All CPS case workers must be referred to the Seattle office of the Department of Social and Health Services Children’s Administration (DSHS) at 1-360-902-0299.

Emergency placement of endangered persons should be processed through DSHS. Agencies should not be conducting checks these unless they are submitting fingerprints to DSHS.

The three logging requirements are as follows. You will also need to refer to your agency’s specific Criminal History Use and Dissemination procedure for guidance:

  • Requestor: The first initial and last name or a unique identifier that will not change throughout the user’s career.
  • Criminal justice reason: must be a specific reason or case number. If a reason is abbreviated it must be on your agency’s approved abbreviations list.
  • Proper purpose code